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But since Escriba v. Foster Poultry Farms, Inc., 743 F.3d 1236, 1244 (9th Cir. 2014), [24] in those states under the jurisdiction of the Ninth Circuit, an "employee can affirmatively decline to use FMLA leave, even if the underlying reason for seeking the leave would have invoked FMLA protection." [24]
The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee's fulfilment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.
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The FMLA also authorizes employees whose rights under the FMLA have been violated to sue their employer for equitable relief and money damages. [3] In enacting the FMLA, Congress invoked two of the powers it possesses under the Constitution. In regulating private employers under the FMLA, it invoked its power under the Commerce Clause.
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Amid widespread vaccine rollout and the recent full FDA authorization of the Pfizer COVID-19 vaccine, many employers are now debating whether to mandate vaccinations among their employees and ...
However, by late-July 2021 due to the threat of Delta variant, a number of major private employers across many industries announced vaccination requirements for employees. [27] Similar mandates were announced for California state employees, [8] [15] and federal employees and contractors. [7]
But the pending arrival of COVID-19 vaccine also raises questions about whether employers can mandate that their workers be vaccinated. According to labour lawyers, employers cannot force their ...
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